[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 02-004 §3, 1-30-2002]
A. 
Statement Of Intent. The intent of this district is to provide and regulate the use of land for the sanitary disposal of solid waste, as defined in the St. Charles County Solid Waste Management Code. This does not include the disposal of special wastes that require special handling (e.g., hazardous waste, medical waste, derelict automobiles, and dead animals). This district allows, with a conditional use permit, the establishment of sanitary landfills, demolition landfills, solid waste incineration facilities, trash transfer stations, material recovery facilities (MRF), and other facilities relating to regulated and safe disposal of solid waste.
1. 
Sanitary landfill areas and solid waste incineration facilities shall, for the purpose of these regulations, be the use of land for the sanitary disposal of solid waste, as defined in the St. Charles County Solid Waste Management Code. This does not include the disposal of special wastes that require special handling (e.g., hazardous waste, radioactive waste, medical waste, derelict automobiles, and dead animals). Sanitary landfills, demolition landfills, solid waste incineration facilities, trash transfer stations, and materials recovery facilities (MRF) must meet the following minimum conditions:
a. 
The facility must be operated within an enclosed building, except for sanitary and demolition landfills.
b. 
The facility must be fenced to prevent the escape of materials from the waste stream and/or recyclable materials. A vector control plan must be in place, and regularly documented inspections must be made after the start of operations.
c. 
The facility shall not accept hazardous waste of any type. For purposes of this regulation, "hazardous waste" shall be defined as any waste or combination of wastes, as determined by the Hazardous Waste Management Commission of the State of Missouri, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible, illness, or pose a present or potential threat to the health of humans or the environment.
d. 
Recyclable material or recovered commodities stored outside the enclosed building must be contained or stored inside covered storage to prevent nuisance, hazard, or unsightly appearance.
e. 
In the case of recycling centers and resource recovery facilities, the owner/operator of the facility will be required to submit to the County a monthly report summarizing the quantity and categories of recyclable material removed from the waste stream at the facility during the preceding month. The report must also identify the end-use markets and final destinations/disposition of all recovered commodities. Each monthly report will be due by the fifteenth (15th) of the following calendar month.
f. 
A site development plan for the facility must be submitted and approved prior to the operation of the facility.
2. 
The owner, lessee, tenant, or authorized representative of a tract of land subject to a rezoning map, designated as an SWD, shall submit with any application for rezoning a site development plan prepared by a registered engineer licensed by the State of Missouri. Such a site development plan shall include, but not be limited to, the following information:
a. 
The existing and proposed final topography of the site at contour levels of two (2) feet or less.
b. 
All land uses and zoning designations within a one-quarter (¼) mile of the site, including the location of all residences, buildings, individual waste treatment systems, wells, watercourses, springs, rock outcroppings, caves, sinkholes, and soil and rock borings.
c. 
All electric, fiber optic cable, gas, water, sanitary sewer, storm sewer, and other utility easements or lines that are located on, over, or under the proposed disposal site as depicted in the site development plan.
d. 
The internal system of all-weather roadways for accessibility of waste collection vehicles transporting solid waste to the landfill working face. The site must be served by a road system design capable of handling traffic to the site, including gross weight of the largest delivery vehicle. Both internal and external roads serving the landfill facility must be designed and constructed to withstand maximum weight bearing loads.
e. 
Areas of anticipated earth materials excavation should be detailed on the site development plan.
f. 
Provisions for controlling decomposition gases and mitigating migration hazards must be included with any structural plans.
g. 
Trenches, conduits, and other stormwater improvements which will direct surface water and drainage runoff away from the working face of the sanitary landfill. On-site drainage structures and open channels should be designed for a minimum 20-year rainfall event.
h. 
The geology and hydrology of the site shall be evaluated and characterized to enable effective monitoring and minimize operational impact on surface water and ground water resources.
i. 
Characteristics of on-site soil conditions shall be evaluated with respect to intended operations. Profiles must be delineated sufficiently to define ground water aquifer impact zones and protective mechanism.
j. 
Location and design details for leachate collection and treatment systems.
k. 
The location of fencing and other devices to control blowing litter.
l. 
The location of trees and shrubbery for windbreaking and related greenbelts to improve site aesthetics.
m. 
The ground water elevation and the proposed separation between the lowest point of the lowest cell and the predicted maximum water table elevation.
n. 
Location and design details of monitor wells and sampling stations.
o. 
Intended sources of cover material(s) for daily, intermediate, and final covering operations.
p. 
Design of landfill gas (LFG) control and disposition infrastructure and equipment.
q. 
Indicate on the plan the owner(s) of the property, and the name of the operator of the proposed landfill. Documentation of property ownership, including legal title, chain record, and operator of record (including corporative structures).
r. 
Site location map, with plan scale.
s. 
Clearly defined property boundary limits and waste boundary delineation.
t. 
Specifications on pavement radii and facility ingress/egress.
u. 
Depiction of right-of-way for all roads accessing the site.
v. 
Description of vehicle mud control provisions, including shaker bar or truck washing devices.
w. 
Any additional information required by local, State, or Federal Statutes, regulations, operating permit conditions, or other relevant regulatory agency standards.
3. 
The County Planning and Zoning Commission shall approve or deny the application(s) and the site development plan by majority vote and report such action to the Governing Body. The Governing Body shall then approve or disapprove the application for rezoning, the conditional use permit, and the site development plan. In the case of an adverse report by the Planning and Zoning Commission, such change may not be passed, except by the favorable vote of five (5) of the seven (7) members of the County Council.
4. 
After a property has been rezoned to a Solid Waste Disposal District by the Governing Body, the owner, lessee, tenant, or their authorized representative(s) shall obtain a permit from the Missouri Department of Natural Resources to operate a solid waste processing facility or solid waste disposal area, in accordance with provisions of Sections 260.200 to 260.300, RSMo.
5. 
The use of land as a sanitary landfill in a Solid Waste Disposal District shall not be subject to an amendment to the Zoning District Map for a stabilization period of fifteen (15) years after the sanitary landfill has been completed or commencing at the termination of the license to operate a refuse disposal area. After a ten (10) year period, the owner, lessee, tenant, or their authorized representative(s) of a tract of land in a Solid Waste Disposal District, shall engage a registered professional engineer licensed by the State of Missouri to inspect the site and conduct suitable testing site to determine stabilization and level of compliance with applicable closure/post-closure provisions. The results of such examination shall be submitted for review by the Missouri Department of Natural Resources, the Division of Planning and Zoning, and the Community Health and the Environment Department. Upon receipt of site approval, the owner, lessee, tenant, or their authorized representative(s) of the tract of land in the Solid Waste Disposal District may request a waiver of the fifteen (15) year stabilization period by application to the Planning and Zoning Commission. In all Solid Waste Disposal Districts, the minimum closed site stabilization period shall be ten (10) years for a permitted sanitary landfill.
6. 
The Governing Body shall require a bond or other surety to ensure a continued maintenance program during the stabilization period. The maintenance program shall include ongoing collection and treatment of leachate and landfill gas (LFG) control, as well as inspection for and continuing control of rodents, vegetation control of filled areas, and other obligations to prevent possible nuisances, public health hazards, or environmental impacts. The amount and type of the bond or surety shall be determined by the Governing Body after consultation with the County Counselor and other County Officials.
7. 
Up to a three hundred (300) foot buffer strip may be required on any side of the proposed landfill site at the discretion of the Planning and Zoning Commission and the Governing Body. Visual screening within the buffer by fencing, trees, shrubbery, or other appropriate aesthetic control features may also be required.
8. 
All solid waste incineration facilities must be bound by a minimum thirty (30) foot landscaped buffer and an eight (8) foot sight-proof fenced buffer.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.